National Council of Justice

The National Council of Justice (CNJ) is an important group that helps watch over the courts in Brazil. It was created in 2004 to make sure the judicial system works well and stays independent from other parts of the government. One of its main jobs is to look into problems that judges and other court workers might have and to make sure everyone follows the rules.

The CNJ also collects information about how the courts are doing and shares it so people can see how things are going. It has the power to look at all courts in Brazil except the Supreme Federal Court, but it does not decide cases or change court decisions. The Council is made up of fifteen members who are chosen by the Supreme Federal Court and they serve for two years at a time. This group plays a big role in keeping the judicial system fair and open.

Founding

The 15-member National Council of Justice was created on December 31, 2004, by an amendment to the Constitution of Brazil. It began its work on June 14, 2005. The President of the Council is also the President of the Supreme Federal Court.

History

The National Council of Justice started as an idea in 1977 by the President of Brazil. A change to the country's rules added a group called the "Conselho Nacional da Magistratura" to help watch over judges. This group could handle problems with judges and decide on things like retirement.

Later, during a time when Brazil was becoming more democratic, there were discussions about creating a new group to oversee the courts. But this idea faced strong opposition from judges who were worried about their independence.

Finally, in 2004, a big change was made to the country's rules, and the National Council of Justice was officially started in 2005. This new group not only handled problems with judges but also took on jobs like planning and managing the court system. The highest court in Brazil decided that this group did not break the rules about keeping the courts independent because it did not make decisions about court cases or control daily court work.

Role and responsibility

The National Council of Justice is part of the Judiciary of Brazil. Its job is to help make sure the courts work well and are open to everyone. It creates plans and goals to improve how courts operate and shares good ideas with everyone.

The CNJ makes sure the courts stay independent and follow the rules. It looks into complaints from people about court workers and makes sure courts run smoothly. It also publishes reports twice a year about how courts are doing across the whole country.

The CNJ cannot make new laws or change court decisions. It also cannot review the Supreme Federal Court or its decisions. Only the Supreme Federal Court can oversee the CNJ. Anyone can file a complaint with the CNJ about court services without needing a lawyer.

Composition

The National Council of Justice has 15 members who serve for two years, and they can be chosen again after their term ends. The members include:

• The Chief Justice of the Supreme Federal Court, who leads the Council
• One Justice from the Superior Court of Justice (STJ), who serves as the Corregidor-Justice
• A Justice from the Superior Labour Court
• A judge from a State Court of Justice
• A state judge
• A judge from a Federal Regional Court, chosen by the Superior Court of Justice
• A federal judge
• A judge from a Regional Labour Court
• A labour judge
• A member of the Federal Public Prosecutor's Office
• A member of a state Public Prosecution
• Two lawyers, chosen by the Federal Board of the Order of Attorneys of Brazil, the Brazilian Bar Association
• Two respected citizens with strong knowledge of law, one chosen by the Chamber of Deputies and the other by the Federal Senate

Presidency

The President of the National Council of Justice is also the Chief Justice of the Supreme Federal Court (STF), chosen by their peers for a two-year term.

Rights and duties

Council members have several important duties, such as:

• Creating projects or studies about topics the CNJ handles and sharing them at meetings
• Asking for information or resources from any part of the Judiciary or other authorities when needed
• Suggesting the formation of groups or committees to work on studies or projects
• Inviting experts or representatives to give information when needed
• Looking at case records when necessary
• Attending meetings when asked
• Making decisions on requests or documents within set time limits
• Serving as leaders for specific cases when assigned